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ARTICLE · 13 NOVEMBER 2019

Employers Cannot Terminate Employment Agreements Due To Whatsapp Messages Between Employees

The 9th Civil Chamber of the Supreme Court issued a decision on January 10, 2019 and with No. 2018/10718 E. - 2019/559 K.

TurkeyEmployment and HR

Recent Development

The 9th Civil Chamber of the Supreme Court issued a decision on January 10, 2019 and with No. 2018/10718 E. - 2019/559 K. stating that employees are allowed to create message groups and communicate with other employees through these groups, provided that these communications do not disrupt their work flow or affect their work. The Supreme Court also ruled that these communications between employees within message groups should be protected as personal data.

Result

The employment field had ongoing discussions on whether employers have the right to monitor their employees' communication devices, especially message groups between employees, and to terminate their employment agreements due to the content of such communications. In its recent decisions, the Supreme Court ruled that such communications should be protected in terms of privacy of communications.

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